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Non-molestation order 2026: How will the changes in the new guidance affect you?

From 12 January 2026, new guidance on non-molestation orders under the Family Law Act 1996 has come into effect.

These changes are made to improve the protection people experiencing domestic abuse receive and help courts deal with urgent applications safely.

The revised guidance was issued by the President of the Family Division and the Family Justice Council and replaces earlier guidance from 2017 and 2023.

If you are considering applying for a non-molestation order or you are currently in the process, these changes may affect how your application is made and how quickly it is processed.

What is a non-molestation order?

A non-molestation order is a court order made to protect you and any children from abuse, harassment, threats or intimidation.

It is intended to provide immediate legal protection where there is a risk of harm from someone you have a close personal connection with. This could include a current or former partner, spouse, family member or the other parent of your child.

The order can prohibit a person from:

Contacting you directly or indirectly
Coming near your home, workplace or school
Engaging in behaviours such as harassment, coercion or threatening conduct

Non-molestation orders are often sought during a period of crisis, when a person may feel frightened or unsafe. The courts are expected to act quickly in these situations to provide urgent protection.

Breaching a non-molestation order is a criminal offence and the police can take immediate action if it is not complied with.

Why has the guidance changed?

According to the Ministry of Justice’s quarterly statistics, 8,022 domestic violence remedy applications were made between April and June 2025 and 83 per cent of those requests were for non-molestation orders.

Applications for non-molestation orders in April to June 2025 were also up by four per cent compared to the same period in 2024.

The courts have been under growing pressure to manage these cases safely. The updated guidance is set to ensure that these applications are dealt with consistently, while making use of better court resources.

Applying without telling the other person first

In some situations, it is possible to apply for a non-molestation order without informing the other person in advance.

This is known as a without notice application and allows the court to act urgently when there is an immediate risk of harm to you or your child.

The new guidance makes it clear that without notice applications should only be used when necessary.

Judges are now expected to carefully consider whether urgent protection is required or whether giving notice of the application could put you or your child at risk.

Application process made more efficient

The guidance has now set out clear timelines for how quickly applications should be handled so that applicants are not left unprotected.

Any application issues submitted before 4pm should be referred to a judge the same day or the next working day if it was submitted after this deadline.

If the court makes a without notice order, a return hearing must be arranged within 28 days.

This will allow the other person to attend court, respond to the allegations and make representations before the judge decides whether the order should remain in place.

If your application is made on notice, the other person will be informed from the outset and the court should usually list a hearing within 21 days.

The courts are now advised not to refuse or return applications without hearing from an applicant, unless there is a clear legal reason for doing so.

Recognising all forms of abuse

Following the Domestic Abuse Act 2021, abuse is now recognised as more than just physical violence.

Controlling behaviour, coercive control, emotional abuse and economic abuse are all considered relevant.

The new guidance now encourages practitioners to assess all forms of abuse and ensure that serious non-physical harm is not overlooked.

Judges are encouraged to look beyond single incidents and consider how behaviour may take place over time and behind closed doors.

This includes recognising patterns of behaviour that create fear or exerts control, even when there has not been recent physical violence.

The guidance also recognises that giving notice of an application can sometimes increase risks and lead to intimidation or attempts to persuade or coerce you into withdrawing your request for protection.

How will this guidance impact you?

If you are seeking a non-molestation order, this new guidance will help your application be considered more efficiently and assess your safety and a range of abusive behaviour.

The courts will look to process domestic abuse cases more consistently and make sure orders are properly served.

Clear evidence and preparation are important and we can support you in preparing your application and explaining why protection is needed.

We understand that domestic abuse situations are extremely difficult and you may not feel comfortable seeking a non-molestation order right away.

If you are currently experiencing domestic abuse, there are several national organisations, such as the National Domestic Abuse Helpline and Women’s Aid, that can help you provide you with early support and advice.

If you are seeking advice or support during a non-molestation order, please contact our Family Law team today.